RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:	DOCKET NUMBER: BC-2004-01550
			INDEX CODE:		 128.11
	XXXXXXXXXXXXXXXXXX	COUNSEL:  None

	XXXXXXXXXXXXXXXXX	HEARING DESIRED:  NO

MANDATORY CASE COMPLETION DATE:  8 AUG 2006
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APPLICANT REQUESTS THAT:

His records be corrected to show he elected to participate in the Montgomery GI Bill (MGIB).

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APPLICANT CONTENDS THAT:

He was misled in his actions that resulted in denial of MGIB benefits.  He received a very quick briefing on the MGIB and decided to sign up for the program, but mistakenly signed each and every block and assumed he was completing the form correctly.  He believes that although he signed the block to disenroll from the program, he also signed the block to enroll, which was his intention from the beginning. In a letter dated, 14 March 2005, the applicant states several procedural errors were made and that he should be granted reenrollment in the MGIB.

In support of his request, applicant provided a personal statement, DD Form 2366, Montgomery GI Bill Act of 1984 Basic Enrollment.

Applicant's complete submission, with attachments, is at Exhibit A.

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STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 10 June 2003, in the grade of airman basic and was progressively promoted to the grade of airman first class.

On 19 June 2003, he completed DD Form 2366, and was disenrolled from the MGIB.

On 12 June 2004, AFPC/DPPAT informed the applicant that his mistake in signing the disenrollment block of DD Form 2366 was not a government error and MGIB briefings are very structured so an individual will not make errors that change his or her desire.  Individual must make a conscious effort to decline the MGIB, and except in the most unusual circumstances, the law forbids a reversal of the enrollment decision.  

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AIR FORCE EVALUATION:

AFPC/DPPAT recommends denial. The Montgomery GI Bill, (38 USC, Chapter 30), provides benefits for a variety of education and training programs.  The law stipulates all MGIB eligible individuals are automatically enrolled in the MGIB upon entering active duty and are given a one-time opportunity to disenroll should they desire not to participate in the program.  Eligible applicants may disenroll after a detailed lecture on benefits.  Disenrollment is done by signing the statement of disenrollment on the DD Form 2366.  

DPPAT states the applicant provided no evidence of government error or miscounseling during the MGIB briefing and the DD Form 2366 is completed as a legal declination.  This request is an attempt to reenroll in the MGIB after the applicant declined benefits and is in violation of the law.

The AFPC/DPPAT evaluation is at Exhibit C.

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the applicant on 24 Mar 05, for review and comment within 30 days.  As of this date, no response has been received by this office.

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THE BOARD CONCLUDES THAT:

1.	The applicant has exhausted all remedies provided by existing law or regulations.

2.	The application was timely filed.

3.  Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice.  Evidence has not been provided which would lead us to believe that the rules of the applicable regulations, which implement the policy, were inappropriately applied or that he was denied rights to which he was entitled.  Applicant contends that he received a very quick briefing on the MGIB program and mistakenly signed the form disenrolling him from the MGIB program.  However, based on the evidence of record, he has failed to substantiate that he was improperly counseled regarding his entitlements to the MGIB, or that procedural errors were made by the Air Force.  Therefore, in the absence of evidence to the contrary, we find no compelling basis to recommend granting the relief sought in this application.

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THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.

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The following members of the Board considered Docket Number BC-2004-01550 in Executive Session on 24 May 2005 under the provisions of AFI 36-2603:

The following documentary evidence was considered:

   Exhibit A.  DD Form 149, dated 14 Mar 05, w/atchs.
   Exhibit B.	Applicant's Master Personnel Records.
   Exhibit C.  Letter, HQ AFPC/DPPAT, dated 24 Mar 05.
   Exhibit D.  Letter, SAF/MRBR, dated 1 Apr 05.